Petrie

MEMORANDUM *

Michael Linn Petrie (“Petrie”), an Oregon state inmate, filed this action under 42 U.S.C. § 1983 against state prison officials claiming that they breached their constitutional duty to protect him from physical harm by failing to investigate and respond to threats and attempts on his life. Petrie argues that the district court erred when, granting summary judgment to the prison officials, it held that Petrie did not show a violation of his Eighth Amendment rights against cruel and unusual punishment and that the officials were immune from liability because they acted reasonably.

The district court had jurisdiction under 28 U.S.C. § 1331 . We have jurisdiction under 28 U.S.C. § 1291 . This court reviews any grant of summary judgment de novo. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc).

Petrie contends that the state did not explicitly make the argument that he failed to exhaust his administrative remedies. However, the state did in effect make this argument by pointing out that Petrie neglected to attend the administrative hearing set up by prison officials while he was placed in the disciplinary segregation unit (DSU). In any case, we may affirm…